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DECREE No

DECREE No. 59/1998/ND-CP OF AUGUST 13, 1998 ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE COMMISSION ON ETHNIC MINORITIES AND MOUNTAINOUS AREAS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Proceeding from the opinions of the Politburo's Standing Board in Document No. 657/TC-TW of June 5, 1998 of the Party Central Committee's Commission on Organization concerning the tasks of the Commission on Ethnic Minorities and Mountainous Areas;

At the proposals of the Minister-Chairman of the Commission on Ethnic Minorities and Mountainous Areas and the Minister-Head of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The Commission on Ethnic Minorities and Mountainous Areas shall exercise the function of State management over the ethnic and mountainous area affairs throughout the country and at the same time act as an advisory body to the Party Central Committee on undertakings and policies toward ethnic minorities and mountainous areas.

Article 2.- The Commission on Ethnic Minorities and Mountainous Areas shall perform tasks, exercise powers and fulfill the State management responsibilities of the ministries and ministerial-level agencies prescribed in Decree No. 15/CP of March 2, 1993 of the Government and shall also have the following tasks and powers:

1. To study and sum up ethnic and mountainous area affairs. To submit to the Party Central Committee and the Government proposed undertakings, policies and laws on ethnic minorities and mountainous areas; to issue according to its competence legal documents and organize the implementation thereof.

To draft or participate in the drafting of resolutions and directives of the Party Central Committee and Politburo on undertakings and policies toward ethnic minorities and mountainous areas.

2. To join ministries, ministerial-level agencies, agencies attached to the Government, socio-political organizations and People's Committees of the provinces and cities directly under the Central Government in dealing with affairs related to ethnic minorities and mountainous areas; to participate in the evaluation of the regional development strategies, the socio-economic, scientific and technological plans as well as foreign-financed projects, which are implemented in the areas inhabited by ethnic minorities and in mountainous areas.

3. To guide, inspect and supervise the implementation of the Party's resolutions and directives and the State's policies and legislation on ethnic minorities and mountainous areas in the whole country.

4. To perform tasks on organization and personnel in accordance with the stipulations of the Party Central Committee; to propose to the Party Central Committee, the Government, ministries, branches and localities the undertakings, policies and solutions regarding the training, fostering and use of ethnic minority cadres.

To participate in the training of ethnic minority cadres and the fostering of ethnic minority cadres and cadres involved in activities related to ethnic minority affairs.

5. To establish international cooperation in the field of ethnic minority affairs in accordance with the provisions of law.

6. To assume the prime responsibility and coordinate with the Party's and State's agencies and socio-political organizations in popularizing undertakings, policies and legislation on ethnic minorities.

7. To direct the implementation of a number of pilot programs, projects and models in areas inhabited by ethnic minority people and mountainous regions as assigned by the Government.

8. To receive and visit people of ethnic minorities in order to understand their aspirations. To assume the prime responsibility or coordinate with ministries, committees, branches at the central level and localities in meeting the legitimate aspirations of ethnic minority people.

9. To manage the organization and officials as well as employees of the Commission on Ethnic Minorities and Mountainous Areas in accordance with the provisions of law.

Article 3.- The Commission on Ethnic Minorities and Mountainous Areas shall be led by a Minister-Chairman, who is assisted by a number of Vice Chairmen. The Vice Chairmen shall be appointed and/or dismissed by the Prime Minister.

The Minister-Chairman of the Commission shall be accountable before the Government, the Prime Minister and the National Assembly for all activities of the Commission. The Vice Chairmen shall take responsibility before the Commission's Minister-Chairman for the fields of work assigned to them.

Article 4.- The organizational structure of the Commission on Ethnic Minorities and Mountainous Areas is composed of:

1.- Organizations which assist the Minister-Chairman of the Commission on Ethnic Minorities and Mountainous Areas in performing the State management function:

1. The Department on Policies for Ethnic Minorities.

2. The Department on Policies for Mountainous Areas.

3. The Department for General Affairs.

4. The Department for International Cooperation.

5. The Department for Organization and Personnel.

6. The Legal Department.

7. The Inspectorate.

8. The Commission's Office.

9. The agency specialized in ethnic minority affairs in the South (based in Can Tho province).

The Minister-Chairman of the Commission on Ethnic Minorities and Mountainous Areas shall define tasks, powers and organizational structure of the units mentioned in Clause 1 of this Article.

2.- Non-business organizations attached to the Commission:

1. The Institute for Ethnic Minority and Mountainous Area Policy Studies.

2. The Ethnic Minority and Mountainous Area Magazine.

3. The Ethnic Minority Personnel Fostering Center.

4. The Information and Data Center.

The Minister-Chairman of the Commission on Ethnic Minorities and Mountainous Areas shall define functions, tasks, powers and organizational structure of non-business units mentioned in Clause 2 of this Article after consulting the concerned ministries and the Government Commission on Organization and Personnel.

3.- Enterprises attached to the Commission on Ethnic Minorities and Mountainous Areas shall be organized and operate in accordance with the provisions of law.

Article 5.- The organization of apparatus that assists the local People's Committees in performing the State management over the ethnic minority and mountainous area affairs shall be proposed jointly by the local People's Committees, the Commission on Ethnic Minorities and Mountainous Areas and the Government Commission on Organization and Personnel to the Prime Minister for decision.

Article 6.- This Decree takes effect 15 days after its signing. To annul Decree No.11/CP of February 20, 1993 of the Government on the functions, tasks, powers and organizational structure of the Commission on Ethnic Minorities and Mountainous Areas.

Article 7.- The Minister-Chairman of the Commission on Ethnic Minorities and Mountainous Areas, ministers, heads of the ministerial-level agencies, heads of the agencies attached to the Government and presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

Prime Minister

PHAN VAN KHAI